Armed Prohibited Persons Act of 2018

Mr. Chairman, I have an amendment at the desk.

Mr. Chair, my manager's amendment makes a number of minor technical changes to the reported version of the bill and would significantly reduce discretionary costs while maintaining the overall intent of the bill.

The biggest change that would be made in the manager's amendment is the removal of section 11 of the bill, which would require the Department of Veterans Affairs to track a number of hiring effectiveness metrics.

That section alone scored at $6 million because the Congressional Budget Office expected that the VA would have to hire an additional employee in each Veterans Integrated Service Network in order to gather that information. I disagree with that assertion and I intend to continue working on that provision to, hopefully, include it in future legislation in some form.

In addition, the manager's amendment would authorize but not require the VA to track and match qualified job applicants for vacant positions using the recruiting database that the bill would establish. The CBO estimated that the VA would have to hire up to 40 additional employees with an average compensation of $100,000 per year to accomplish that task, meaning that provision in total would cost $19 million. Again, I disagree with the assertion that such a task could not be accomplished using existing staff.

The Subcommittee on Health, which I am proud to chair, is holding an oversight hearing next week where I intend

to ask the VA how the Department would utilize the recruiting database and whether it would entail additional employees. Should it appear that the VA would not use the recruiting database to identify qualified candidates for open positions in a timely manner and to promptly fill prolonged vacancies, I will certainly reconsider mandating that in future legislation.

The manager's amendment would also stipulate that the additional human resources training that the bill would require be done virtually. Finally, it would extend the timeline to implement the executive management fellowship program from 90 days to 1 year, which would provide the VA additional time to set up this important new leadership development program and would extend the GAO reporting deadline from 1 to 2 years, which would provide the GAO additional time to complete their investigation into the VA succession planning.

Mr. Chair, I urge the adoption of the amendment, and I reserve the balance of my time.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I ask unanimous consent to claim the time in opposition, although I am not opposed to the amendment.

Mr, Chair, I yield myself such time as I may consume.

Mr. Chairman, I rise in support of Representative Meng's amendment, which would stipulate that the annual determination of Veterans Health Administration staffing shortages must include at least five clinical occupations and five nonclinical occupations within each VA medical center.

This amendment rightfully recognizes that some VA medical centers may have staffing challenges that extend beyond just 10 occupations and provides sufficient flexibility for this reporting requirement--which triggers the VA's direct hiring authority--to accommodate that by reporting more than five clinical and five nonclinical occupations, as needed.

I urge all of my colleagues to join me in supporting this amendment. I thank Representative Meng for submitting it.

Mr. Chairman, I reserve the balance of my time.

Mr. Chair, I yield back the balance of my time.

Mr. Chair, I ask unanimous consent to claim the time in opposition, although I am not opposed to the amendment.

Mr. Chair, I rise in support of Representative Sewell's amendment, which would authorize the Secretary in selecting employees to participate in the executive management fellowship program established by section 3 of the bill, to provide a preference for employees in rural areas.

According to VA's Office of Rural Health, there are currently 3 million veterans living in rural communities across the country who rely on the VA healthcare system for their care.

It is critical that VA medical facilities in rural areas are given access to leadership development opportunities like the executive management fellowship program so that rural veterans benefit from them.

I urge all of my colleagues to join me in supporting this amendment, and I thank Representative Sewell for submitting it.

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, I claim the time in opposition.

Mr. Chairman, I rise in opposition to Representative Hanabusa's amendment, which would strike section 6 of the bill.

Section 6 would allow the VA to noncompetitively reappoint a former VA employee to a position not more than one grade higher than their former position, as long as the employee left voluntarily within the prior 2 years, had a satisfactory performance record, and maintained necessary licensures and credentials.

The former employees who would be helped by this section had performed admirably, left voluntarily, and gone on to gain relevant education or experience that the VA needs. They should be encouraged to come back to the VA and put their new skills to work for our veterans, not required to go through a lengthy competitive selection process at the VA for the second time.

Striking this provision would deprive the VA of an authority that could be used to address access and other challenges by recruiting high-performing former employees back to VA employment.

I urge all of my colleagues to join me in opposing this amendment, and I yield back the balance of my time.

Mr. Chairman, I rise in support of Representative Buck's amendment, which would prevent former VA political appointees from receiving nonpolitical, competitively selected positions pursuant to section 6 of the bill without going through the proper competitive selection process.

This amendment would prevent political appointees from inappropriately burrowing in across VA, and I am in full support of it.

I thank Representative Buck for submitting this amendment, and I urge all of my colleagues to join me in supporting it.

Mr. Chairman, I ask unanimous consent to claim the time in opposition, although I am not opposed.

Mr. Chairman, I rise in support of Representative Shea- Porter's amendment, which would require the VA to ensure that the recruiting database established by section 7 of the bill includes a list of open mental health positions.

Though I am glad to report that, as of January, only 3,469 of VA's 45,360 vacant positions were specific to mental health, it is critical that the VA closely track to mental health vacancies on an ongoing basis so that they can be prioritized and filled to prevent any disruptions in care to our most vulnerable veterans.

I am fully supportive of this amendment and grateful to Representative Shea-Porter for submitting it.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I rise in support of Representative Brownley's amendment, which would stipulate that the Government Accountability Office report on VA succession planning should include an assessment of succession planning at VA medical centers, domiciliary facilities, outpatient clinics, community-based outpatient clinics, and vet centers.

I appreciate this clarifying amendment and my friend and colleague Representative Brownley, the ranking member of the Subcommittee on Health, for submitting it.

Mr. Chairman, I reserve the balance of my time.

Mr. Chair, I rise in support of Representative Welch's amendment, which would ensure that the GAO report on VA succession planning includes an analysis of succession planning in rural areas.

Rural facilities undoubtedly face unique challenges in recruiting and retaining employees and in planning effectively to ensure leadership continuity as employees retire or depart. I am glad that, with the adoption of this amendment, GAO will be reviewing these issues specifically and will be able to offer recommendations as to how VA can improve succession planning in rural areas where approximately 40 percent of our veterans reside.

I appreciate Representative Welch for submitting this amendment, and I ask all of my colleagues to join me in supporting it.

Mr. Chair, I yield back the balance of my time.

Mr. Chair, I rise in support of Representative Gottheimer's amendments which would ensure that veterans who are recent graduates and/or recipients of the

post-9/11 GI Bill are also eligible for excepted service appointments under section 12 of the bill.

As a veteran and as the former chairman of the Subcommittee on Economic Opportunity, there are few things I support as strongly as assisting veterans in seeking and receiving employment opportunities, particularly in the Federal Government.

The skill sets and commitment to service that veterans display while in uniform often make them particularly suited to government work once they transition to civilian life. The adoption of this amendment would provide yet another tool to support veterans looking to continue their service to our Nation, and I am grateful to Representative Gottheimer for submitting it.

Mr. Chair, I yield back the balance of my time.

Mr. Chair, I rise in support of Representative Hanabusa's amendment, which would tweak the report on exit surveys the VA is required to submit in section 13 of the bill to stipulate the VA provide the total number of employees who voluntarily separated from VA service and the percentage of those who took an exit survey.

This information will be very helpful for Congress to receive in order to track how many employees are choosing to voluntarily leave the VA and are taking advantage of the opportunity to complete an exit survey prior to their departure.

I urge all my colleagues to join me in supporting this amendment, and I am grateful to Representative Hanabusa for submitting it.

Mr. Chair, I yield back the balance of my time.

Mr. Chairman, I rise in support of Representative Meng's amendment, which would encourage military medical professionals who are transitioning out of the Armed Forces to seek employment within the Veterans Health Administration.

Wherever possible, the VA should be filling vacant positions at VA medical facilities with eligible, qualified veterans. And I am fully supportive of any amendment like this one that recognizes the highly specialized skills that many veterans gained while in uniform, skills that, in this case, could be used in service to fellow veterans by addressing access to care challenges across the country.

I am grateful to Representative Meng for this important amendment, and I urge all of my colleagues to join me in supporting it.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I rise in support of Representative Bost's amendment, which would require the Department of Veterans Affairs to develop and implement a plan to hire directors at each VA medical center that lacks a permanent director.

Twenty-five percent of current VA medical center directors are eligible to retire, and the VA testified last year that it can take more than 6 months and multiple reannouncements to recruit new VA medical center directors.

The VA must begin planning now to ensure that leadership at VA medical centers across the country remain stable and that medical center director vacancies are closely monitored and prioritized.

The text of this amendment passed the House last year with unanimous support, and I am grateful to Representative Bost for submitting this amendment again this year to H.R. 1367.

I urge all of my colleagues to join me in supporting it.

Mr. Chairman, I rise in support of Representative O'Rourke's amendment, which would allow the VA to offer physicians conditional job offers 2 years prior to the completion of their residency, and also require VA recruiters or other officials to visit each teaching institution with a residency program at least once a

year. It is a great idea and one that I greatly appreciate.

The VA's existing workforce is increasingly retirement-eligible, and, historically, the VA has performed poorly in comparison to other Federal agencies when it comes to hiring younger employees.

By creating a pipeline of young, up-and-coming physicians willing to practice in VA medical facilities and committed to VA service, this amendment would help ensure that the VA healthcare system is fully staffed to care for our veterans for years to come.

The text of this amendment passed the House last year as an amendment to H.R. 5620, and I am grateful to Representative O'Rourke for submitting it as an amendment to H.R. 1367 today.

I urge all of my colleagues to join me in supporting this amendment.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I move that the Committee do now rise.

Mr. Chairman, I claim the time in opposition, although I am not opposed to the amendment.

Mr. Chairman, as mentioned last night during general debate on the underlying bill, the VA has experienced a shortage of medical providers. This shortage impacts not only a veteran's access to care, but also the quality of care a veteran may receive.

Dr. Wenstrup's amendment is smart. It would allow the VA more authority, information, and resources, all of which they need to compete with non-VA facilities. The honorable Member from Ohio has worked hard to ensure that what we are proposing with this legislation is reasonable from all sides. I am grateful for that. I do not object to the various changes he is proposing with this amendment to the timeline, to the GAO reporting deadline, and to the establishment of a recruiting database from a ``shall'' to a ``may'' authority. This is exactly what we should be doing, putting forward good pieces of legislation, making sure that the VA gets the best possible people, keeps them there, and care for our veterans. I fully support the gentleman's amendment.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I claim the time in opposition, even though I am not opposed to the amendment.

Mr. Chairman, we must enable the VA to recruit and retain the most capable people to serve our Nation's veterans.

We also know that one size does not fit all when considering an applicant's background and experience. If an individual has gained valuable experience over many years at an agency, we don't want to eliminate them as an option. Federal hiring officials need the most complete list of options available to select the most highly qualified employees.

I do not object to requiring former political appointees at the VA go through the proper selection process when they apply for nonpolitical, competitively selected positions.

I truly appreciate the spirit and intent of the gentleman from Colorado's amendment. I support it, and I yield back the balance of my time.

Mr. Chairman, I do not oppose this amendment. It is smart.

I have seen how important employee exit surveys can be in facilitating and understanding how an organization can be improved, made more efficient, or take constructive criticism. It makes absolute sense that employees filling them out know that they can provide honest responses because their anonymity will be protected by law, not by a promise or regulation.

Ensuring that exit data is collected on the VISN level will give VA leadership the most accurate look at where in the country higher retention policies are working and where they are not. That is just good, best practice.

Mr. Chair, I support the gentlewoman's smart amendment.

Mr. Chairman, I demand a recorded vote.

Mr. Chair, every Member of Congress has heard directly from their constituents who receive health care from the VA that it is understaffed. This is true at all levels, but it is vital to both the workforce and the veterans served that each medical center have permanent leadership.

I think all of us know--and there is an old saying--if you have been to one VA facility, you have been to one VA facility. Again, it may seem like the easiest thing to say that leadership matters at these facilities. Nothing matters more.

When a VA facility is moving in the right direction, it can always be traced to strong, directed leadership. In almost every case each one of us has worked on, whether it is weak leadership or lack of leadership, those situations go awry.

I have a situation in Minnesota where we have been waiting for leadership for a year. We were notified, I believe, a week or so ago that we are finally getting that.

I enthusiastically endorse Mr. Bost's amendment, which would require the Department to get these things done, develop and implement a plan within 120 days of enactment to hire a permanent director for each medical center which does not have one.

As the gentleman from Illinois (Mr. Bost) says in his amendment, a new director may well be identified from senior executives already within the Department, or he or she may be someone from outside the agency who meets the qualifications and wants to work at the VA.

What is necessary is that filling these open directorships be made a priority. Requiring the VA to show us the plan to do so and provide regular updates as that plan is implemented is a way to set this priority.

I commend the gentleman from Illinois (Mr. Bost) for getting at the heart of this. This will be about accountability. It will put the right people in place to make the right decisions and get the care for our veterans.

Mr. Chairman, I strongly support it, and I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2288) to amend title 38, United States Code, to reform the rights and processes relating to appeals of decisions regarding claims for benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within

which to revise and extend their remarks and to insert extraneous material in the Record on H.R. 2288, as amended.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today to ask my colleagues to support H.R. 2288, as amended.

First, I want to thank the Disabilities Assistance and Memorial Affairs Subcommittee Chairman Bost and Ranking Member Esty for their hard work in bringing H.R. 2288 to the floor. I also want to thank every member of the Veterans' Affairs Committee, both Republican and Democrat, who all are original cosponsors of this bill.

The committee has been working on overhauling the VA's appeals process, which was established back in 1933. The problem is that the current system is slow, cumbersome, frustrating, and full of bureaucratic red tape. As a result, there are currently 470,000 veterans, many of whom may have been injured in the line of duty, who are waiting for a decision on their appeal. Many of these folks have been waiting for more than 5 years, and veterans are filing more appeals every day.

Last year, VA Deputy Secretary Sloan Gibson testified that if Congress doesn't pass reform soon, by 2027, veterans may have to wait as long as 10 years to get a decision on their appeal. Think about that. In 2027, men and women who served our Nation may have to wait a decade to get a decision on their appeal.

These veterans have bills to pay and families to support. Even worse, they may need medical treatments that they can't get from the VA because their appeal hasn't been decided.

Mr. Speaker, one of the dearest friends I have had in my life died a little over 2 years ago, waiting on a decision on an appeal.

H.R. 2288 would help streamline the VA's appeals process, while giving veterans more options and protecting their due process rights. This legislation includes a compromise agreement that was reached between VA and the veterans service organizations which passed the House last Congress as part of H.R. 5620.

We have added a few improvements since last year. For example, we have expanded the bill to allow some veterans who are currently having pending appeals to opt in to the new system. I really believe that the changes in this bill will make a difference and help expedite the process so that veterans can get a decision on their appeal and then get on with their lives.

I am going to pull out all the stops to get this bill on the President's desk as soon as possible. We are talking with our colleagues in the Senate, including Chairman Isakson, Ranking Member Tester, and Senator Blumenthal, to resolve a few minor differences between the House version and the Senate version.

The sooner we get this bill passed, the sooner our Nation's veterans will be able to get their decisions on appeal in a timely manner. Veterans deserve no less.

Mr. Speaker, I ask my colleagues to support H.R. 2288, as amended, and I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Bost), chairman of the DAMA Subcommittee.

Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Dunn), an active member on the committee and a veteran.

Mr. Speaker, I yield 2 minutes to the gentlewoman from Puerto Rico (Miss Gonzalez-Colon), a new member of our committee and the only representative from Puerto Rico.

Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Costello), a former member of our committee.

Mr. Speaker, I yield myself the balance of my time.

I, too, want to echo what Mr. Walz has said. It has been a pleasure to work on this and what has been done in the previous Congress. I think this is one of the most important bills that we voted on in the Veterans' Affairs Committee since I have been in Congress. It is the thing we hear about back home, Mr. Speaker, which is disability claims. I think this actually will speed up that process and adjudicate those claims.

I, too, thank all the staff and both subcommittee chairs and ranking members for their hard work.

Mr. Speaker, once again, I urge all Members to support H.R. 2288, as amended, and I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in strong support of the manager's amendment to H.R. 2288, the Veterans Appeals Improvement and Modernization Act of 2017. This has truly proven to be a once-in-a-generation opportunity to reform the disability claims process for the benefit of our Nation's veterans.

I want to specifically thank Chairman Roe for bringing this bill to the floor today and for ensuring that the entire process that got us here was open, fair, bipartisan, and followed regular order. It is gratefully appreciated, and I think we end up with a good piece of legislation because of his leadership.

I also want to recognize the efforts of our colleagues, the chairman of the Disability Assistance and Memorial Affairs Subcommittee, Mr. Bost. He has been an incredible addition to the VA committee and dug his heels in on this one and got us this far, so I thank him; and to his counterpart on our side of the aisle, Ranking Member Esty, for exceptional work that they have done together to get this bill to the floor.

I would also like to thank our veterans service organizations. This is how I think the American people think legislation should be brought; on issues at hand, experts are brought in, Representatives talk. The expertise that was brought by the VSOs helped us work out some of the kinks. It is not perfect, but the coalition got us to a point where I think many of us are comfortable moving forward.

The bill is complicated. To those who still have concerns in the process, let us know. There is still work to be done. It is still working in the Senate, but there is an openness that has been expressed through the entire process.

Secretary Shulkin and the VA leadership have been vital in this effort. They helped pull the stakeholders together, providing the technical expertise to help us understand what it takes over the past several years.

I want to recognize our former colleague on the committee, Dina Titus. She is going to be speaking a little bit later, but I think what is so important on veterans issues, members come and go from the committee, but their commitment to getting this right stays. And her tenaciousness in the 114th Congress laid the groundwork for this.

So in short, Mr. Speaker, as you heard the chairman say, there are 470,000 veterans. Each one of them is an individual. Each one of them is someone's friend, father, mother, sister, brother. It is time we peel back the layers of the complicated rules governing the process, modernize it with new technology, and get the benefits delivered in a timely manner to those who have earned them. I support the manager's amendment to H.R. 2288 and encourage all my colleagues to do the same.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 6 minutes to the gentlewoman from Connecticut (Ms. Esty), my good friend, ranking member of the Disability Assistance and Memorial Affairs Subcommittee.

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Takano), my friend and the vice ranking member of the full Committee on Veterans' Affairs.

Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Correa), my good friend and, more importantly, a friend to all veterans, a new member of the Veterans' Affairs Committee.

Mr. Speaker, I yield such time as she may consume to the gentlewoman from Nevada (Ms. Titus), a good friend and former ranking member of the Disability Assistance and Memorial Affairs Subcommittee, and someone who has worked on this almost longer than anyone in the House.

Mr. Speaker, I yield myself the balance of my time.

Again, I applaud all the work that was done on behalf of our veterans and those that are waiting. I thank the professional staff on both sides of the aisle for doing that.

Mr. Speaker, I thank this House for proving to the American people that we can work together for a common good. We can make improvements and we can move things along as they are meant to be.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise in support of H.R. 2288, the Veterans Appeals Improvement and Modernization Act of 2017, as amended.

First, I want to thank our excellent chairman, Dr. Roe, and ranking member, Mr. Walz, for their dedication and hard work. It has been a pleasure to work on this important legislation during my first term as ranking member of the Veterans Affairs' Committee Disability Assistance and Memorial Affairs Subcommittee.

I want to give special thanks to my new friend, our subcommittee chairman, Mr. Bost, for his leadership on this issue and for ensuring that the legislative process was bipartisan at every turn.

I want to acknowledge and thank Congresswoman Dina Titus for her leadership on this issue, as she helped pass similar legislation that formed the basis for our work here in this Congress.

Mr. Speaker, claims appeals are backing up. Veterans in Connecticut and across the country are waiting for far too long for the benefits they have earned through their hard service to this country.

When a veteran asks my office for help appealing their claim, it is frustrating and embarrassing to have to explain that the process could take more than 5 years. The backlog will only get worse if we do not reform the process. Some veterans could be waiting as long as 10 years, as we have heard from Chairman Roe and from Ranking Member Walz, if we don't reform things now.

With the new process created under this bill, if it is properly implemented, many veterans would see a clearer, definitive appeals decision in as little as a year. I have seen in Connecticut that, when an appeal is granted, it can change the way a veteran lives. But it is also proof to that veteran that their service is being honored.

That is why it is so unacceptable that the current process is failing so many veterans. It forces them to navigate layers of red tape and duplicative review. The slow grinding of the appeals process chips away at our veterans' faith that they will ever be fairly compensated for injuries that they sustained in service to our country.

Our goal with this bill is to establish a new process that is simple, fair, transparent, and, wherever possible, speedy.

As we have heard, there are 470,000--yes, 470,000--veterans with disability appeals pending right now, and that is something we should be able to address, Democrats and Republicans, without regard to party. We owe a faster, better appeals process not only to our veterans who have served, but to those who wear the uniform right now.

Our men and women in uniform deserve to know that the benefits that they have been promised when they signed up will be there for them if, God forbid, something happens to them and they are injured in serving our country.

I would like to thank all of the veterans and veterans service organizations who shared their ideas and their concerns with us as we worked hard to craft this legislation. Voices from the veterans community were invaluable as we developed this bill and will be essential as we move forward to ensure that the new process works well.

I also want to thank the VA itself for having been such a good partner in this effort. It is important to remember that this is just the first step towards reforming the appeals process. If this bill is going to be successful, it will require a lot of work from our committee, from the VA, oversight by Congress, and we must take care to ensure that legacy appeals do not get lost in the process. Congress must also provide the resources necessary for the new appeals system to work well for our veterans.

I want to thank, again, Chairman Roe and Ranking Member Walz for making reforming the appeals system a top priority of the committee for this year and for their dedication working together in a bipartisan way.

I urge all of my colleagues to support this important legislation and to commit to keep working together to get the job done.